California Employment Law
California Employment Law Questions Answered by Legal Experts
A commission salesperson working for an appliance dealer is discharged on May 10, 2002. She is not paid her earned commission wages due until May 25, 2002, the regular payday. She regularly worked 40 hours per week, five days per week. For the last three full months of her employment, on average she earned $3,000.00 per month. As of the date of her discharge, May 10, 2002, all commissions since the end of the previous pay period had been earned and were calculable by the employer on that date. At the time of her discharge, the employee did not know the amount of commissions she had earned since her last pay period.
Daily Rate of Pay Calculation
$3,000.00/month x 12 months/year = $36,000.00/year
$36,000.00/year ÷ 52 weeks/year = $692.31/week
$692.31/week ÷ 5 days = $138.46/day (daily rate of pay)
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